Daily Times

The Supreme Court on Monday adjourned the hearing on the Election Commission of Pakistan’s (ECP’s) review petition against the top court’s order of holding Punjab’s general elections on May 14 till Thursday (June 1).

A three-member SC bench comprising Chief Justice Umar Ata Bandial, Justice Ijaz Ul Ahsan and Justice Munib Akhtar heard the case and adjourned hearing as the court was apprised that a law for the review of suo motu judgements had come into effect. During the course of proceedings, Attorney General for Pakistan (AGP) Mansoor Usman Awan said that the

Supreme Court (Review of Judgements and Orders) Bill 2023, had become a law after the president’s assent.

He said that the scope of review and appeal were the same now as per the new law. He said that the review appeal could only be heard by a larger bench. The Attorney General also submitted a notification signed by the President to the court and according to the available copy of the notification, President Dr. Arif Alvi approved the new law on May 26.

The Attorney General also objected to the bench and said that the Supreme Court Review Act had now become a law and the scope of revision under the new act would be the same as an appeal, now only a larger bench could hear the review petition.

At the outset of hearing, Attorney General for Pakistan Mansoor Usman Awan told the court that a law for challenging suo motu orders has come into effect.

He added that under the new law’s section 2, the orders issued under Article 184 (3) could be appealed against.

“This law will have retrospective effect,” he noted, at which Justice Akhtar said this is why ECP lawyer Sajeel Swati is smiling.

Responding to the AGP, CJP Bandial said the situation is interesting. He added that the court understands the need for reviewing suo motu orders.

Through the Supreme Court (Practice and Procedure) Act, 2023, the government created a new “judicial jurisdiction”, the CJP noted, adding that the rulers tried intervening with the court’s administrative matters.

“But I am happy that this law [the review act] is only related to Article 184(3).” The CJP added that “everyone” should reconsider their stance. “After the May 9 incidents, try to find a silver lining. Try to bridge the differences. Try to bring balance and peace to the system and hold elections through the right procedure.”